Managing Building Management Disputes

The high density of buildings in Hong Kong means that people often reside and work in multi-story buildings which are typically regulated by a Deed of Mutual Covenant and/or the Building Management Ordinance. Disputes in these environments arise between various parties over a number of different issues. This course will cover a number of commonly encountered issues in building management disputes with an emphasis on the latest decided cases.

Detailed Information

Highlights of the course include:

  • Jurisdiction: Lands Tribunal vs the High Court
  • Owners’ Incorporation and Management Committee
    • Formation by meeting under the BMO, by order of the Secretary for Home Affairs, by order of the Lands Tribunal; notice and voting
    • The legal attributes of a Management Committee, the Owners’ Incorporation & Section 16 BMO
  • Liability of the Owners’ Incorporation
    • Common Parts
      • Identification of the common parts
      • Adverse possession by and against the I/O
      • Adverse possession by non-parties to the DMC
      • Reserved areas reverting to common parts
    • Duties under the DMC and the BMO
      • Waiver, acquiescence, laches
    • Liability
      • Under the DMC / BMO
      • In tort – negligence, trespass, nuisance
      • Under the Occupiers Liability Ordinance (Cap. 314)
      • Illegal structures
      • Control, knowledge/presumed knowledge, actionable omissions
      • Apportionment of liability
    • Particular aspects : Unlawful structures, waterproofing / leakage cases, pipes, structural vs partition walls
  • Manager’s Powers
    • Appointment and termination of Manager
    • Management funds – collection and use
    • Procurement of goods and services and tendering
  • The Litigator’s Toolkit
    • Inspection of documents and accounts
    • Interlocutory injunctions

Registration Conditions

To view our registration conditions click HERE.

Special Discount

This seminar forms a series “Land Series” with the seminars on New Territories Land Matters – Overview and Some Practical Issues.

Special Discount Offer for registering in both courses. Please key in coupon code “landseries” after placing both courses in your cart.